Treaty between Great Britain, Germany, Austria, France, Italy, Russia, and Turkey for the Settlement of Affairs in the East: Signed at Berlin, July 13, 1878

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OFFICIAL DOCUMENTS 401

Article XXIX.

The present Act shall be ratified by their Imperial Majesties the Em-
peror of Eussia and the Emperor of the Ottomans, and the ratifications
shall be exchanged in fifteen days, or sooner if possible, at St. Peters-
burgh, where likewise an agreement shall come to as to the place and the
time at which the stipulations of the present Act shall be invested with
all the solemn forms usually observed in Treaties of Peace. It is, how-
ever, well understood that the High Contracting Parties consider them-
selves as formally bound by the present Act from the moment of its
ratification.

In witness whereof the respective Plenipotentiaries have appended
their signatures and seals to the present Act.

Done at San Stefano, the I"neShMFa^uary, one thousand eight hundred
and seventy-eight.

(Signed) Cte. 1ST. Ignatiew. (Signed) Safvet.

Nelidow. Sadoullah.

[Pinal paragraph of Article XI of the Act of the Preliminaries of
Peace signed this day, '^"'■, 1878, which was omitted, and which
should form an integral part of the said Article :

[The inhabitants of the Principality of Bulgaria when travelling or
sojourning in the other parts of the Ottoman Empire shall be subject to
the Ottoman laws and authorities.

(Signed) Cte. N. Ignatiew. (Signed) Safvet.

Nelidow. Sadoullah.

San Steeano, ^gs", 1878.]

TREATY BETWEEN GREAT BRITAIN, GERMANY, AUSTRIA, FRANCE, ITALY,
RUSSIA, AND TURKEY FOR THE SETTLEMENT OF AFFAIRS IN THE EAST.

Signed at Berlin, July 13, 1878.

In the name of Almighty God.

Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, Empress of India, His Majesty the Emperor of Germany, King
of Prussia, His Majesty the Emperor of Austria, King of Bohemia, &c,
and King Apostolic of Hungary, the President of the French Eepublic,

402 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

His Majesty the King of Italy, His Majesty the Emperor of all the
Bussias, and His Majesty the Emperor of the Ottomans, being desirous
to regulate, with a view to European order, conformably to the stipula-
tions of the Treaty of Paris of 30th March, 1856, the questions raised in
the East by the events of late years and by the war terminated by the
preliminary Treaty of San Stefano, have been unanimously of opinion
that the meeting of a Congress would offer the best means of facilitating
an understanding.

Their said Majesties and the President of the French Eepublic have,
in consequence, appointed as their Plenipotentiaries, that is to say :

Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, Empress of India, the Eight Honourable Benjamin Disraeli,
Earl of Beaconsfield, Viscount Hughenden, a Peer of Parliament, Mem-
ber of Her Majesty's Most Honourable Privy Council, First Lord of Her
Majesty's Treasury, and Prime Minister of England; the Most Honour-
able Eobert Arthur Talbot Gascoyne Cecil, Marquis of Salisbury, Earl of
Salisbury, Viscount Cranborne, Baron Cecil, a Peer of Parliament, Mem-
ber of Her Majesty's Most Honourable Privy Council, Her Majesty's
Principal Secretary of State for Foreign Affairs ; and the Eight Honour-
able Lord Odo William Leopold Eussell, Member of Her Majesty's Privy
Council, Her Ambassador Extraordinary and Plenipotentiary at the
Court of His Majesty the Emperor of Germany, King of Prussia;

His Majesty the Emperor of Germany, King of Prussia, Otho, Prince
Bismarck, His President of the Council of Ministers of Prussia, Chan-
cellor of the Empire; Bernard Ernest de Bulow, His Minister of State
and Secretary of State for Foreign Affairs ; and Chlodwig Charles Victor,
Prince of Hohenlohe-Schillingsfurst, Prince of Eatibor and Corvey, His
Ambassador Extraordinary and Plenipotentiary to the French Eepublic,
Great Chamberlain of the Crown of Bavaria ;

His Majesty the Emperor of Austria, King of Bohemia, &c, and King
Apostolic of Hungary, Jules, Count Andrassy of Csik Szent-Kiraly and
Krasna-Horka, Grandee of Spain of the First Class, Privy Councillor.
His Minister of the Imperial Household and for Foreign Affairs, Lieu-
tenant Field-Marshal in his armies; Louis Count Karolyi of Nagy-
Karolyi, Chamberlain and Privy Councillor, His Ambassador Extra-
ordinary and Plenipotentiary at the Court of His Majesty the Emperor
of Germany, King of Prussia; and Henri, Baron de Haymerle, Privy
Councillor, His Ambassador Extraordinary and Plenipotentiary at the
Court of His Majesty the King of Italy;

OFFICIAL DOCUMENTS 403

The President of the French Bepublic, William Henri Waddington,
Senator, Member of the Institute, Minister Secretary of State for Foreign
Affairs; Charles Eaymond de la Croix de Chevriere, Count de Saint-
Vallier, Senator, Ambassador Extraordinary and Plenipotentiary from
France at the Court of His Majesty the Emperor of Germany, King of
Prussia; and Felix Hippolyte Desprez, Councillor of State; Minister
Plenipotentiary of the First Class, charged with the direction of Political
Affairs at the Department of Foreign Affairs;

His Majesty the King of Italy, Louis, Count Corti, Senator, His
Minister for Foreign Affairs; and Edward, Count de Launay, His Am-
bassador Extraordinary and Plenipotentiary at the Court of His Majesty
the Emperor of Germany, King of Prussia;

His Majesty the Emperor of all the Eussias, Alexander, Prince Gort-
chakow, His Chancellor of the Empire; Peter, Count de Schouvaloff,
General of Cavalry, His Aide-de-camp General, Member of the Council
of the Empire, and His Ambassador Extraordinary and Plenipotentiary
at the Court of Her Britannic Majesty ; and Paul d'Oubril, Privy Coun-
cillor, His Ambassador Extraordinary and Plenipotentiary at the Court
of His Majesty the Emperor of Germany, King of Prussia;

And His Majesty the Emperor of the Ottomans, Alexander Cara-
theodory Pasha, His Minister of Public Works; Mehemed AH Pasha,
Mushir of His Armies; and Sadoullah Bey, His Ambassador Extra-
ordinary and Plenipotentiary at the Court of His Majesty the Emperor
of Germany, King of Prussia;

Who, in accordance with the proposal of the Court of Austria-Hungary,
and on the invitation of the Court of Germany, have met at Berlin fur-
nished with full powers, which have been found in good and due form.

An understanding having been happily established between them, they
have agreed to the following stipulations :

Article I.
Bulgaria is constituted an Autonomous and tributary Principality
under the suzerainty of His Imperial Majesty the Sultan; it will have
a Christian Government and a national militia.

Article II.

The Principality of Bulgaria will include the following territories :
The frontier follows on the north the right bank of the Danube from
the former frontier of Servia up to a point to be determined by a Euro-

404 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

pean Commission to the east of Silistria, and thence runs to the Black
Sea to the south of Mangalia, which is included in the Eoumanian terri-
tory. The Black Sea forms the eastern boundary of Bulgaria. On the
south the frontier follows upwards from its mouth the mid-channel of
the brook near which are situated the villages of Hodzakioj, Selam-Kioj,
Aivadsik, Kulibe, Sudzuluk; crosses obliquely the valley of the Deli-
Kamcik, passes south of Belibe and Kemhalik and north of Hadzimahale
after having crossed the Deli-Kamcik at 2\ kilom. above Cengei ; reaches
the crest at a point situated between Tekenlik and Aidos-Bredza, and
follows it by Karnabad Balkan, Prisevica Balkan, Kazan Balkan to the
north of Kotel as far as Demir Kapu. It proceeds by the principal chain
of the Great Balkan, the whole length of which it follows up to the
summit of Kosica.

There it leaves the crest of the Balkan, descends southwards between
the villages of Pirtop and Duzanci, the one being left to Bulgaria and the
other to Eastern Boumelia, as far as the brook of Tuzlu Dere, follows
that stream to its junction with the Topolnica, then the latter river until
it meets the Smovskio Dere near the village of Petricevo, leaving to
Eastern Eoumelia a zone with a radius of 2 kilom. above that junction,
ascends between the brooks of Smovskio Dere and the Kamenica, follow-
ing the line of the watershed so as to turn to the south-west at the level
of Voinjak and reach directly the point 875 of the Austrian Staff map.

The frontier line cuts at right angles the upper basin of the brook of
Ichtiman Dere, passes between Bogdina and Karaula, so as to rejoin the
line of the watershed separating the basins of the Isker and the Marica,
between Carmurli and Hadzilar, follows that line by the summits of
Velina Mogila, the " col " 531, Zmailica Vrh, Sumnatica, and rejoins the
administrative boundary of the Sandjak of Sofia between Sivri Tas and
Cadir Tepe.

Prom Cadir Tepe, the frontier, taking a south-westerly direction, fol-
lows the watershed between the basins of the Mesta Karasu on the one
side and the Struma Karasu on the other, runs along the crests of the
mountains of Ehodope called Demir Kapu, Iskoftepe, Kadimesar Balkan,
and Aiji Geduk up to Kapetnik Balkan, and thus joins the former
administrative frontier of the Sandjak of Sofia.

Prom Kapetnik Balkan the frontier is indicated by the watershed
between the valleys of the Eilska reka and of the Bistrica reka, and fol-
lows the ridge called Vodenica Planina, descending into the valley of the
Struma at the junction of this river with the Eilska reka, leaving the vil-

OFFICIAL DOCUMENTS 405

lage of Barakli to Turkey. It ascends then south of the village of Jeles-
nica, and reaches by the shortest line the chain of Golema Planina at
the summit of Gitka, and rejoins there the former administrative frontier
of the Sandjak of Sofia, leaving, however, to Turkey the whole of the
basin of the Suha reka.

From Mount Gitka the western frontier goes towards Mount Crni Vrh
by the mountains of Karvena Jabuka, following the former administrative
limit of the Sandjak of Sofia in the upper part of the basins of Egrisu
and of the Lepnica, ascends with it the crests of Babina Polana, and
reaches Mount Crni Vrh.

From Mount Crni Vrh the frontier follows the watershed between the
Struma and the Morava by the summits of the Streser, Vilogolo, and
Mesid Planina, rejoins by the Gacina, Crna, Trava, Darkovska, and
Drainica Plan, then the Descani Kladanec, the watershed of the High
Sukowa and of the Morava, goes straight to the Stol, and descends from
it so as to cut the road from Sofia to Pirot, 1,000 metres north-west of
the village of Segusa. It ascends in a straight line the Vidlic Planina
and thence Mount Eadocina in the chain of the Kodza Balkan, leaving
to Servia the village of Doikinci, and to Bulgaria that of Senakos.

From the summit of Mount Eadocina the frontier follows towards the
west the crest of the Balkans by Ciprovec Balkan and Stara Planina up
to the former eastern frontier of the Principality of Servia, near to the
Kula Smiljova Cuka, and thence that former frontier as far as the
Danube, which it rejoins at Eakovitza.

This delimitation shall be fixed on the spot by the European Commis-
sion, on which the Signatory Powers shall be represented. It is under-
stood —

1. That this Commission will take into consideration the necessity for
His Imperial Majesty the Sultan to be able to defend the Balkan frontiers
of Eastern Boumelia.

2. That no fortifications may be erected within a radius of 10 kilom.
from Samakow.

Article III.

The Prince of Bulgaria shall be freely elected by the population and
confirmed by the Sublime Porte, with the assent of the Powers. No
member of the Eeigning Dynasties of the Great European Powers may
be elected Prince of Bulgaria.

In case of a vacancy in the princely dignity, the election of the new
Prince shall take place under the same conditions and with the same
forms.

406 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

Article IV.

An Assembly of Notables of Bulgaria, convoked at Tirnovo, shall,
before the election of the Prince, draw up the Organic Law of the
Principality.

In the districts where Bulgarians are intermixed with Turkish, Rou-
manian, Greek, or other populations, the rights and interests of these
populations shall be taken into consideration as regards the elections aDd
the drawing up of the Organic Law.

Article V.
The following points shall form the basis of the public law of Bulgaria :
The difference of religious creeds and confessions shall not be alleged
against any person as a ground for exclusion or incapacity in matters
relating to the enjoyment of civil and political rights, admission to
public employments, functions, and honours, or the exercise of the various
professions and industries in any locality whatsoever.

The freedom and outward exercise of all forms of worship are assured
to all persons belonging to Bulgaria, as well as to foreigners, and no
hindrance shall be offered either to the hierarchical organization of the
different communions, or to their relations with their spiritual chiefs.

Article VI.
The provisional administration of Bulgaria shall be under the direc-
tion of an Imperial Bussian Commissary until, the completion of the
Organic Law. An Imperial Turkish Commissary, as well as the Consuls
delegated ad hoc by the other Powers, signatory to the present Treaty,
shall be called to assist him so as to control the working of this pro-
visional regime. In case of disagreement amongst the Consular Dele-
gates, the vote of the majority shall be accepted, and in case of a diver-
gence between the majority and the Imperial Bussian Commissary or the
Imperial Turkish Commissary, the Representatives of the Signatory
Powers at Constantinople, assembled in Conference, shall give their

decision.

Article VII.

The provisional regime shall not be prolonged beyond a period of nine
months from the exchange of the ratifications of the present Treaty.

When the Organic Law is completed the election of the Prince of Bul-
garia shall be proceeded with immediately. As soon as the Prince shall
have been installed, the new organization shall be put into force, and the
principality shall enter into the full enjoyment of its autonomy.

OFFICIAL DOCUMENTS 407

Article VIII.

The Treaties of Commerce and of Navigation as well as all the Con-
ventions and arrangements concluded between Foreign Powers and the
Porte, and now in force, are maintained in the Principality of Bulgaria,
and no change shall be made in them with regard to any Power without
its previous consent.

No transit duties shall be levied in Bulgaria on goods passing through
that Principality.

The subjects and citizens and commerce of all the Powers shall be
treated in the Principality on a footing of strict equality.

The immunities and privileges of foreigners, as well as the rights of
Consular jurisdiction and protection as established by the Capitulations
and usages, shall remain in full force so long as they shall not have been
modified with the consent of the parties concerned.

Article IX.

The amount of the annual tribute which the Principality of Bulgaria
shall pay to the Suzerain Court — such amount being paid into whatever
bank the Porte may hereafter designate — shall be fixed by an agreement
between the Powers Signatory of the present Treaty at the close of the
first year of the working of the new organization. This tribute shall be
calculated on the mean revenue of the territory of the Principality.

As Bulgaria is to bear a portion of the public debt of the Empire, when
the Powers fix the tribute they shall take into consideration what portion
of that debt can, on the basis of a fair proportion, be assigned to the
Principality.

Article X.

Bulgaria takes the place of the Imperial Ottoman Government in its
undertakings and obligations towards the Eustchuk- Varna Railway Com-
pany, dating from the exchange of the ratifications of the present Treaty.
The settlement of the previous accounts is reserved for an understanding
between the Sublime Porte, the Government of the Principality, and the
administration of this Company.

The Principality of Bulgaria likewise, so far as it is concerned, takes
the place of the Sublime Porte in the engagements which the latter has
contracted, as well towards Austria-Hungary as towards the Company,
for working the railways of European Turkey in respect to the completion
and connection, as well as the working of the railways situated in its
territory.

408 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

The Conventions necessary for the settlement of these questions shall
be concluded between Austria-Hungary, the Porte, Servia, and the Prin-
cipality of Bulgaria immediately after the conclusion of peace.

Article XL

The Ottoman army shall no longer remain in Bulgaria; all the old
fortresses shall be razed at the expense of the Principality within one
year or sooner if possible; the local Government shall immediately take
steps for their demolition, and shall not construct fresh ones.

The Sublime Porte shall have the right of disposing as it likes of the
war material and other effects belonging to the Ottoman Government
which may have remained in the fortresses of the Danube already evac-
uated in virtue of the Armstice of the 31st January, as well as of those
in the strongholds of Shumla and Varna.

Article XII.

Mussulman proprietors or others who may take up their abode outside
the Principality may continue to hold there their real property, by farm-
ing it out, or having it administered by third parties.

A Tureo-Bulgarian Commission shall be appointed to settle, within a
period of two years, all questions relative to the mode of alienation, work-
ing, or use on the account of the Sublime Porte, of property belonging
to the State and religious foundations (vakoufs), as well as of the ques-
tions regarding the interests of private persons engaged therein.

Persons belonging to the Principality of Bulgaria, who shall travel or
dwell in the other parts of the Ottoman Empire, shall be subject to the
Ottoman authorities and laws.

Article XIII.
A province is formed south of the Balkans which will take the name of
" Eastern Roumelia," and will remain under the direct political and
military authority of His Imperial Majesty the Sultan, under conditions
of administrative autonomy. It shall have a Christian Governor-
General.

Article XIV.

Eastern Eoumelia is bounded on the north and north-west by Bul-
garia, and comprises the territories included by the following line:

Starting from the Black Sea the frontier follows upwards from its
mouth the mid-channel of the brook near which are situated the vil-

OFFICIAL DOCUMENTS 409

lages of Hodzakioj, Selam-Kioj, Aivadsik, Kulibe, Sudzuluk, crosses
obliquely the valley of the Deli Kamcik, passes south of Belibe and Kem-
halik, and north of Hadzimahale, after having crossed the Deli-Kamcik
2% kilom. above Cengei; reaches the crest at a point situated between
Tekenlik and Aidos-Bredza, and follows it by Karnabad Balkan, Prise-
vica Balkan, Kazan Balkan to the north of Kotel as far as Demirkapu.
It proceeds by the principal chain of the Great Balkan, the whole length
of which it follows up to the summit of Kosica.

At this point the western frontier of Roumelia leaves the crest of the
Balkan, descends southwards between the villages of Pirtop and Du-
zanci — the one being left to Bulgaria and the other to Eastern Rou-
melia, as far as the brook of Tuzlu Dere, follows that stream to its junc-
tion with the Topolnica, then the latter river until it meets the Smovskio
Dere near the village of Petricevo, leaving to Eastern Roumelia a zone
with a radius of 2 kilom. above that junction, ascends between the brooks
of Smovskio Dere and the Kamenica, following the line of the watershed
so as to turn to the south-west at the level of Voinjak and reach directly
the point 875 of the Austrian Staff map.

The frontier line cuts at right angles the upper basin of the brook of
Ichtiman Dere, passes between Bogdina and Karaula, so as to rejoin the
line of the watershed separating the basins of the Isker and the Marica,
between Camurli and Hadzilar, follows that line by the summits of Velina
Mogila, the " col " 531, Zmailica Vrh, Sumnatiea, and rejoins the ad-
ministrative boundary of the Sandjak of Sofia between Sivri Tas and
Cadir Tepe.

The frontier of Roumalia leaves that of Bulgaria at Mount Cadir Tepe,
following the line of the watershed between the basins of the Marica and
of its affluents on one side, and of the Mesta Karasu and of its affluents
on the other, and takes the direction south-east and then south along the
crest of the Despoto Dagh Mountains, towards Mount Kruschowa
(whence starts the frontier line of the Treaty of San Stefano).

From Mount Kruschowa the frontier is the same as the line laid down
by the Treaty of San Stefano, that is to say, the chain of the Black Bal-
kans (Kara Balkan), the mountains Kulaghy-Dagh, Eschek-Tsehepellu,
Karakolas, and Ischiklar, from whence it descends due south-east till it
reaches the River Arda, and follows the mid-channel of this river up to
a point close to the village of Adacali, which remains to Turkey.

Prom this point the frontier line ascends the crest of the Bestepe-Dagh,
which it follows, then descends and crosses the Maritza, at a point sit-

410 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

uated 5 kilom. above the bridge of Mustafa Pasha; thence it takes a
northerly direction by the line of the watershed between Demirhanli Dere
and the small affluents of the Maritza to Kudeler Bair, whence it runs
east to Sakar Bair; from this point it crosses the valley of the Tundza
in the direction of Bujuk Derbend, which is left to the north, as also is
Soudzak. From Bujuk Derbend it regains the line of the watershed
between the affluents of the Tundza on the north and those of the Maritza
on the south, up to the level of Kaibilar, which is included in Eastern
Roumelia, and passes to the south of V. Almali between the basin of the
Maritza to the south and the various streams which flow straight into the
Black Sea, between the villages of Belevrin and Alatli; it follows to the
north of Karanlik the crests of Visna and Zuvak, the line which separates
the waters of the Duka and those of the Karagac-Su, and rejoins the
Black Sea between those two rivers.

Akticlb XV.

His Majesty the Sultan shall have the right of providing for the de-
fense of the land and sea frontiers of the province by erecting fortifica-
tions on those frontiers, and maintaining troops there.

Internal order is maintained in Eastern Boumelia by a native gen-
darmerie assisted by a local militia.

In forming these corps, the officers of which are nominated by the
Sultan, regard shall be paid in the different localities to the religion of
the inhabitants.

His Imperial Majesty the Sultan undertakes not to employ irregular
troops, such as Bashi-Bazouks and Circassians, in the garrisons of the
frontiers. The regular troops detailed for this service must not in any
case be billeted on the inhabitants. When they pass through the province
they shall not make a stay there.

Article XVI.
The Governor-General shall have the right of summoning the Ottoman
troops in the event of the internal or external security of the province
being threatened. In such an eventuality the Sublime Porte shall inform
the Representatives of the Powers at Constantinople of such a decision,
as well as of the exigencies which justify it.

Article XVII.
The Governor-General of Eastern Eoumelia shall be nominated by the
Sublime Porte, with the assent of the Powers, for a term of five years.

OFFICIAL DOCUMENTS 411

Article XVIII.

Immediately after the exchange of the ratifications of the present
Treat}', a European Commission shall be formed to arrange, in concert
with the Ottoman Porte, the organization of Eastern Eoumelia. This
Commission will have to determine, within three months, the powers and
functions of the Governor-General, as well as the administrative, judicial,
and financial system of the province, taking as its basis the various laws
for the vilayets and the proposals made in the eighth sitting of the Con-
ference of Constantinople.

The whole of the arrangements determined on for Eastern Eoumelia
shall form the subject of an Imperial Firman, which will be issued by the
Sublime Porte, and which it will communicate to the Powers.

Article XIX.
The European Commission shall be charged to administer, in concert
with the Sublime Porte, the finances of the province until the completion
of the new organization.

Article XX.

The Treaties, Conventions, and international arrangements of any
kind whatsoever, concluded or to be concluded between the Porte and
foreign Powers, shall apply in Eastern Eoumelia as in the whole Ottoman
Empire. The immunities and privileges acquired by foreigners, whatever
their status, shall be respected in this province. The Sublime Porte
undertakes to enforce there the general laws of the Empire on religious
liberty in favour of all forms of worship.

Article XXI.

The rights and obligations of the Sublime Porte with regards to the
railways of Eastern Eoumelia are maintained in their integrity.

Article XXII.
The strength of the Eussian corps of occupation in Bulgaria and
Eastern Eoumelia, which shall be composed of six divisions of infantry
and two divisions of cavalry, shall not exceed 50,000 men. It shall be
maintained at the expense of the country occupied. The army of occupa-
tion will preserve its communications with Eussia not only through Eou-
mania, in accordance with arrangements to be concluded between the two
States, but also through the ports of the Black Sea, Varna and Bourgas,

412 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

where it may, during the period of occupation, organize the necessary
depots.

The period of the occupation of Eastern Eoumelia and Bulgaria by
the Imperial Russian troops is fixed at nine months from the date of the
exchange of the ratifications of the present Treaty.

The Imperial Russian Government undertakes that within a further
period of three months the passage of its troops across Roumania shall
cease, and that Principality shall be completely evacuated.

Article XXIII.

The Sublime Porte undertakes scrupulously to apply in the Island of
Crete the Organic Law of 1868, with such modifications as may be
considered equitable.

Similar laws adapted to local requirements, excepting as regards the
exemption from taxation granted to Crete, shall also be introduced into
the other parts of Turkey in Europe for which no special organization
has been provided by the present Treaty.

The Sublime Porte shall depute special Commissions, in which the
native element shall be largely represented, to settle the details of the
new laws in each province.

The schemes of organization resulting from these labours shall be sub-
mitted for examination to the Sublime Porte, which, before promulgating
the Acts for putting them into force, shall consult the European Commis-
sion instituted for Eastern Roumelia.

Article XXIV.
In the event of the Sublime Porte and Greece being unable to agree
upon the rectification of the frontier suggested in the 13th Protocol of
the Congress of Berlin, Germany, Austria-Hungary, Prance, Great
Britain, Italy, and Russia reserve to themselves to offer their mediation
to the two parties to facilitate negotiations.

Article XXV.
The Provinces of Bosnia and Herzegovina shall be occupied and ad-
ministered by Austria-Hungary. The Government of Austria-Hungary,
not desiring to undertake the administration of the Sandjak of ISTovi-
Bazar, which extends between Servia and Montenegro in a south-easterly
direction to the other side of Mitrovitza, the Ottoman Administration
will continue to exercise its functions there. Nevertheless, in order to

OFFICIAL DOCUMENTS 413

assure the maintenance of the new political state of affairs, as well as
freedom and security of communications, Austria-Hungary reserves the
right of keeping garrisons and having military and commercial roads in
the whole of this part of the ancient Vilayet of Bosnia. To this end the
Governments of Austria-Hungary and Turkey reserve to themselves to
come to an understanding on the details.

Article XXVI.
The independence of Montenegro is recognized by the Sublime Porte
and by all those of the High Contracting Parties who had not hitherto
admitted it.

Article XXVII.
The High Contracting Parties are agreed on the following conditions :
In Montenegro the difference of religious creeds and confessions shall
not be alleged against any person as a ground for exclusion or incapacity
in matters relating to the enjoyment of civil and political rights, ad-
mission to public employments, functions, and honours, or the exercise
of the various professions and industries in any locality whatsoever.

The freedom and outward exercise of all forms of worship shall be
assured to all persons belonging to Montenegro, as well as to foreigners,
and no hindrance shall be offered either to the hierarchical organization
of the different communions, or to their relations with their spiritual
chiefs.

Article XXVIII.
The new frontiers of Montenegro are fixed as follows :
Starting at Ilino-brdo to the north of Klobuk, the line descends to the
Trebinjcica towards Grancarevo, which remains to Herzegovina, then
ascends the course of that river up to a point 1 kilom. below its con-
fluence with the Cepelica, and from thence passes by the most direct line
on to the heights which border the River Trebinjcica. It then proceeds
in the direction of Pilatova, leaving that village to Montenegro, and con-
tinues along the heights in a northerly direction, maintaining as far as
possible a distance of 6 kilom. from the Bilek-Korito-Gacko road, up to
the " col " between the Somina Planina and Mount Curilo, whence it
proceeds in an easterly direction by Vratkovici, leaving this village to
Herzegovina, up to Mount Orline. Starting from this point the frontier,
leaving Eavno to Montenegro, goes straight to the north-north-east, cross-
ing the summits of the Lebersnik and of the Volujak, then descends by
the shortest line on to the Eiver Piva, which it crosses and rejoins the

414 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

Kiver Tara, passing between Crkiica and Nedvina. From this point it
ascends the Tara to Mojkovac, from which place it passes along the crest
of the ridge as far as Siskojezero. Leaving this point, it coincides with
the former frontier as far as the village of Sekulare. Prom there the new
frontier passes along the crests of the Mokra Planina, the village of
Mokra remaining to Montenegro; it then reaches the point 2166 on the
Austrian Staff Map, following the principal chain and the line of the
watershed between the Lim on the one side, and the Drin as well as the
Cievna (Zem) on the other.

It then coincides with the existing boundaries between the tribe of the
Kuci-Drekalovici on one side, and the Kucka-Krajna, as well as the
tribes of the Klementi and Grudi, on the other, to the plain of Podgorica,
from whence it proceeds towards Plavnica, leaving the Klementi, Grudi,
and Hoti tribes to Albania.

Thence the new frontier crosses the lake near the Islet of Gorica-
Topal, and, from Gorica-Topal, takes a straight line to the top of the
crest, whence it follows the watershed between Megured and Kalimed,
leaving Mrkovic to Montenegro, and reaching the Adriatic at V. Kruci.

On the north-west the frontier will be formed by a line passing from
the coast between the villages of Susana and Zubci, and terminating at
the extreme south-east point of the existing frontier of Montenegro on
the Vrsuta Planina.

Article XXIX.

Antivari and its sea-board are annexed to Montenegro under the fol-
lowing conditions :

The districts situated to the south of that territory, in accordance with
the delimitation above laid down, as far as the Boyana, including Dul-
cinjo, shall be restored to Turkey.

The Commune of Spica, as far as the southernmost point of the terri-
tory indicated in the detailed description of the frontiers, shall be incor-
porated with Dalmatia.

Montenegro shall have full and complete freedom of navigation on the
Boyana. No fortifications shall be constructed on the course of that
river except such as may be necessary for the local defense of the strong-
hold of Scutari, and they shall not extend beyond a distance of 6 kilom.
from that town.

Montenegro shall have neither ships of war nor flag of war.

The port of Antivari and all the waters of Montenegro shall remain
closed to the ships of war of all nations.

OFFICIAL DOCUMENTS 415

The fortifications situated on Montenegrin territory between the lake
and the coasts shall be razed, and none shall be rebuilt within this zone.

The administration of the maritime and sanitary police, both at Anti-
vari and along the coast of Montenegro, shall be carried out by Austria-
Hungary by means of light coast-guard boats.

Montenegro shall adopt the maritime code in force in Dalmatia. On
her side Austria-Hungary undertakes to grant Consular protection to the
Montenegrin merchant flag.

Montenegro shall come to an understanding with Austria-Hungary on
the right to construct and keep up across the new Montenegrin territory
a road and a railway.

Absolute freedom of communication shall be guaranteed on these
roads.

Article XXX.

Mussulmans or others possessing property in the territories annexed to
Montenegro, who may wish to take up their residence outside the Princi-
pality, can retain their real property either by farming it out, or by hav-
ing it administered by third parties.

No one shall be liable to be expropriated otherwise than by legal process
for the public welfare, and with a previous indemnity.

A Turco-Montenegrin Commission shall be appointed to settle, within
a period of three years, all questions relative to the mode of alienation,
working, or use, on the account of the Sublime Porte, of the property
belonging to the State and religious foundations (Vakoufs), as well as
of the questions regarding the interests of private parties engaged therein.

Aeticle XXXI.

The Principality of Montenegro shall come to a direct understanding
with the Ottoman Porte with regard to the establishment of Montenegrin
agents at Constantinople, and at certain places in the Ottoman Empire
where the necessity for them shall be admitted.

Montenegrins travelling or residing in the Ottoman Empire shall be
subject to the Ottoman laws and authorities, according to the general
principles of international law, and the customs established with regard
to Montenegrins.

Aeticle XXXII.

The Montenegrin troops shall be bound to evacuate within twenty days
from the date of ratification of the present Treaty, or sooner if possible,
the territory that they occupy at present beyond the new limits of the
Principality.

416 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

The Ottoman troops shall evacuate the territories ceded to Montenegro
within the same period of twenty days. A supplementary period of
fifteen days shall, however, be granted to them, as well for evacuating
the fortresses and withdrawing the stores and material of war from
them, as for drawing up inventories of the implements and articles which
cannot be immediately removed.

Article XXXIII.
As Montenegro is to bear a portion of the Ottoman public debt for the
new territories assigned to her by the Treaty of Peace, the Representa-
tives of the Powers at Constantinople shall determine the amount of the
same in concert with the Sublime Porte on an equitable basis.

Article XXXIV.

The High Contracting Parties recognize the independence of the

Principality of Servia, subject to the conditions set forth in the following

Article.

Article XXXV.

In Servia the difference of religious creeds and confessions shall not
be alleged against any person as a ground for exclusion or incapacity in
matters relating to the enjoyment of civil and political rights, admission
to public employments, functions, and honours, or the exercise of the
various professions and industries, in any locality whatsoever.

The freedom and outward exercise of all forms of worship shall be
assured to all persons belonging to Servia, as well as to foreigners, and
no hindrance shall be offered either to the hierarchical organization of
the different communions, or to their relations with their spiritual chiefs.

Article XXXVI.

Servia receives the territories included in the following delimitation :
The new frontier follows the existing line ascending the mid-channel
of the Drina from its confluence with the Save, leaving Mali Zwornik
and Sakhar to the Principality, and continues to follow the former
boundary of Servia as far as the Kopaonik, leaving it at the summit of
the Kanilug. From that point it follows at first the western boundary
of the Sandjak of Nisch by the southern spur of the Kopaonik, by the
crests of the Marica and Mrdar Planina, which form the watershed
between the basins of the Ibar and Sitnica on one side, and that of the
Toplica on the other, leaving Prepolac to Turkey.

OFFICIAL DOCUMENTS 417

It then turns to the south by the watershed between the Brvenica and
the Medvedja, leaving the whole of the basin of the Medvedja to Servia ;
follows the crests of the Goljak Planina (which forms the watershed
between the Kriva-Rjeka on one side and the Poljanica, Veternica, and
Morawa on the other), as far as the summit of the Poljanica. It then
follows the spur of the Karpina Planina as far as the confluence of the
Koinska and the Morawa, crosses this river, and ascends by the water-
shed between the Koinska brook and the stream which falls into the
Morawa near Neradovce, to reach the Sv. Ilija Planina above Trgoviste.
Thence it follows the crest of the Sv. Ilija as far as Mount Kljuc, and
passing by the points marked 1516 and 1547 on the map, and by the
Babina Gora, it reaches Mount Crni-Vrh.

Prom Mount Crni Vrh, the new delimitation coincides with that of
Bulgaria, that is to say :

The line of frontier follows the watershed between the Struma and
the Morawa by the summits of Streser, Vilogolo, and Mesid Planina,
rejoins by the Gacina, Crna Trava, Darkovska, and Drainica Plan, then
the Descani Kladanec, the watershed of the High Sukowa and of the
Morawa, goes straight to the Stol, and descends from it so as to cut the
road from Sofia to Pirot, 1,000 metres north-west of the village of Segusa.
It ascends in a straight line the Vidlic Planina, and thence Mount Rado-
cina in the chain of the Kodza Balkan, leaving to Servia the village of
Doikinci, and to Bulgaria that of Sanakos.

Prom the summit of Mount Eadocina the frontier follows towards the
north-west, the crest of the Balkans by Ciprovec Balkan and Stara
Planina up to the former eastern frontier of the Principality of Servia,
near to the Kula Smiljova cuka, and thence that former frontier as far
as the Danube, which it joins at Eakovitza.

Article XXXVII.

Until the conclusion of fresh arrangements no change shall be made
in Servia in the actual conditions of the commercial intercourse of the
Principality with foreign countries.

No transit duties shall be levied on goods passing through Servia.

The immunities and privileges of foreign subjects, as well as the rights
of Consular jurisdiction and protection, as at present existing, shall
remain in full force so long as they shall not have been modified by
mutual consent between the Principality and the Powers concerned.

418 THE AMERICAN JOURNAL OF INTEESrATIONAL LAW

Article XXXVIII.

The Principality of Servia takes the place, so far as it is concerned, of
the Sublime Porte in the engagements which the latter has contracted as
well towards Austria-Hungary as towards the Company for the working
of the railways of Turkey in Europe, in respect to the completion and
connection, as well as the working of the railways to be constructed on
the territory newly acquired by the Principality.

The Conventions necessary for settling these questions shall be con-
cluded, immediately after the signature of the present Treaty, between
Austria-Hungary, the Porte, Servia, and, within the limits of its com-
petency, the Principality of Bulgaria.

Aeticle XXXIX.

Mussulmans possessing property in the territories annexed to Servia,
who may wish to reside in the Principality, may retain their real prop-
erty, either by farming it out or by having it administered by third
parties.

A Turco-Servian Commission shall be appointed to settle, within a
period of three years, all questions relative to the mode of alienation,
working, or use, on the account of the Sublime Porte, of the property
belonging to the State and religious foundations (Vakoufs), as well as
of the questions regarding the interests of private persons engaged
therein.

Article XL.

Until the conclusion of a Treaty between Turkey and Servia, Servian
subjects travelling or residing in the Ottoman Empire shall be treated
according to the general principles of international law.

Article XLI.

The Servian troops shall be bound to evacuate within fifteen days from
the exchange of the ratifications of the present Treaty the territory not
comprised within the new limits of the Principality.

The Ottoman troops shall evacuate the territories ceded to Servia
within the same term of fifteen days. A supplementary term of an
equal number of days shall, however, be granted to them as well for
evacuating the fortresses and withdrawing the provisions and material
of war as for drawing up the inventory of the implements and objects
which cannot be removed at once.

OFFICIAL DOCUMENTS 419

Article XLII.
As Servia is to bear a portion of the Ottoman Public Debt for the new
territories assigned to her by the present Treaty, the Eepresentatives at
Constantinople shall fix the amount of it in concert with the Sublime
Porte on an equitable basis.

Article XLIII.

The High Contracting Parties recognize the independence of Eou-
mania, subject to the conditions set forth in the two following Articles.

Article XLIV.

In Eoumania the difference of religious creeds and confessions shall
not be alleged against any person as a ground for exclusion or incapacity
in matters relating to the enjoyment of civil and political rights, admis-
sion to public employments, functions, and honours, or the exercise of
the various professions and industries in any locality whatsoever.

The freedom and outward exercise of all forms of worship shall be
assured to all persons belonging to the Eoumanian State, as well as to
foreigners, and no hindrance shall be offered either to the hierarchical
organization of the different communions, or to their relations with their
spiritual chiefs.

The subjects and citizens of all the Powers, traders or others, shall be
treated in Eoumania, without distinction of creed, on a footing of perfect
equality.

Article XLV.

The Principality of Eoumania restores to His Majesty the Emperor of
Eussia that portion of the Bessarabian territory detached from Eussia
by the Treaty of Paris of 1856, bounded on the west by the mid-channel of
the Pruth, and on the south by the mid-channel of the Kilia Branch and
the Stary-Stamboul mouth.

Article XLVI.
The islands forming the Delta of the Danube, as well as the Isle of
Serpents, the Sandjak of Toultcha, comprising the districts (cazas)
of Kilia, Soulina Mahmoudie, Isaktcha, Toultcha, Matchin, Babadagh,
Hirsovo, Kustendje, Medjidie, are added to Eoumania. The Principality
receives in addition the territory situated to the south of the Dobroutcha
as far as a line starting from the east of Silistria and terminating on the
Black Sea, south of Mangalia.

420 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

The frontier line shall be determined on the spot by the European
Commission appointed for the delimitation of Bulgaria.

Article XLVII.

The question of the division of the waters and the fiesheries shall be
submitted to the arbitration of the European Commission of the Danube.

Article XLVIII.

No transit duties shall be levied in Eoumania on goods passing through
the Principality.

Article XLIX.

Eoumania shall have power to make Conventions to determine the
privileges and attributes of Consuls in regard to protection within the
Principality. Existing rights shall remain in force so long as they shall
not have been modified by the mutual consent of the Principality and the
parties concerned.

Article L.

Until the conclusion of a Treaty between Turkey and Eoumania, fixing
the privileges and attributes of Consuls, Eoumanian subjects travelling
or residing in the Ottoman Empire, and Ottoman subjects travelling or
residing in Eoumania, shall enjoy the rights guaranteed to the subjects
of other European Powers.

Article LI.
With regard to public works and other enterprises of a like nature,
Eoumania shall be substituted for the Sublime Porte as regards its rights
and obligations throughout the ceded territory.

Article LII.

In order to increase the guarantees which assure the freedom of navi-
gation on the Danube which is recognized as of European interest, the
High Contracting Parties determine that all the fortresses and fortifica-
tions existing on the course of the river from the Iron Gates to its mouths
shall be razed, and no new ones erected. No vessel of war shall navigate
the Danube below the Iron Gates with the exception of vessels of light
tonnage in the service of the river police and Customs. The " station-
naires " of the Powers at the mouths of the Danube may, however, ascend
the river as far as Galatz.

OFFICIAL DOCUMENTS 421

Article LIII.

The European Commission of the Danube on which Roumania shall be
represented is maintained in its functions, and shall exercise them hence-
forth as far as Galatz in complete independence of the territorial
authorities. All the Treaties, arrangements, acts, and decisions relating
to its rights, privileges, prerogatives, and obligations are confirmed.

Article LIV.

One year before the expiration of the term assigned for the duration
of the European Commission the Powers shall come to an understanding
as to the prolongation of its powers, or the modifications which they may
consider necessary to introduce.

Article LV.

The regulations respecting navigation, river police, and supervision
from the Iron Gates to Galatz shall be drawn up by the European Com-
mission, assisted by Delegates of the Eiverain States, and placed in har-
mony with those which have been or may be issued for the portion of the
river below Galatz.

Article LVI.

The European Commission of the Danube shall come to an arrange-
ment with the proper authorities to ensure the maintenance of the light-
house on the Isle of Serpents.

Article LVII.

The execution of the works which have for their object the removal of
the obstacles which the Iron Gates and the Cataracts place in the way of
navigation is entrusted to Austria-Hungary. The Riverain States on this
part of the river shall afford every facility which may be required in the
interest of the works.

The provisions of the Vlth Article of the Treaty of London of the
13th March, 1871, relating to the right of levying a provisional tax in
order to cover the cost of these works, are maintained in favour of
Austria-Hungary.

Article LVIII.

The Sublime Porte cedes to the Russian Empire in Asia the territories
of Ardahan, Kars, and Batoum, together with the latter port, as well as

422 THE AMERICAN JOUKNAL OF INTERNATIONAL LAW

all the territories comprised between the former Busso-Turkish frontier
and the following line :

The new frontier starting from the Black Sea, and coinciding with the
line laid down by the Treaty of San Stefano as far as a point to the
north-west of Khorda, and to the south of Artwin, continues in a straight
line as far as the Eiver Tchoroukh, crosses this river and passes to the
east of Aschmichen, going in a straight line to the south so as to rejoin
the Eussian frontier indicated in the Treaty of San Stefano, at a point
to the south of Nariman, leaving the town of Olti to Eussia. From the
point indicated near Nariman the frontier turns to the east, passes by
Tebrenee, which remains to Eussia, and continues as far as the Pennek
Tschai.

It follows this river as far as Bardouz, then turns towards the south,
leaving Bardouz and Jonikioy to Eussia. Prom a point to the west of
the village of Karaougan, the frontier takes the direction of Medjingert,
continues in a straight line towards the summit of the Mountain Kassa-
dagh, and follows the line of the watershed between the affluents of the
Araxes on the north and those of the Mourad Sou on the south, as far as
the former frontier of Eussia.

Article LIX.

His Majesty the Emperor of Eussia declares that it is his intention to
constitute Batoum a free port, essentially commercial.

Article LX.

The valley of Alaschkerd and the town of Bayazid, ceded to Eussia by
Article XIX of the Treaty of San Stefano, are restored to Turkey.

The Sublime Porte cedes to Persia the town and territory of Khotour,
as fixed by the mixed Anglo-Eussian Commission for the delimitation of
the frontiers of Turkey and of Persia.

Article LXI.

The Sublime Porte undertakes to carry out, without further delay, the
improvements and reforms demanded by local requirements in the prov-
inces inhabited by the Armenians, and to guarantee their security against
the Circassians and Kurds.

It will periodically make known the steps taken to this effect to the
Powers, who will superintend their application.

OFFICIAL DOCUMENTS 423

Article LXII.

The Sublime Porte having expressed the intention to maintain the
principle of religious liberty, and give it the widest scope, the Contract-
ing Parties take note of this spontaneous declaration.

In no part of the Ottoman Empire shall difference of religion be alleged
against any person as a ground for exclusion or incapacity as regards the
discharge of civil and political rights, admission to the public employ-
ments, functions and honours, or the exercise of the various professions
and industries.

All persons shall be admitted, without distinction of religion, to give
evidence before the tribunals.

The freedom and outward exercise of all forms of worship are assured
to all, and no hindrance shall be offered either to the hierarchical organi-
zation of the various communions or to their relations with their spiritual
chiefs.

Ecclesiastics, pilgrims, and monks of all nationalities travelling in
Turkey in Europe, or in Turkey in Asia, shall enjoy the same rights,
advantages, and privileges.

The right of official protection by the Diplomatic and Consular Agents
of the Powers in Turkey is recognized both' as regards the above-men-
tioned persons and their religious, charitable, and other establishments
in the Holy Places and elsewhere.

The rights possessed by France are expressly reserved, and it is well
understood that no alterations can be made in the status quo in the Holy
Places.

The monks of Mount Athos, of whatever country they may be natives,
shall be maintained in their former possessions and advantages, and shall
enjoy, without any exception, complete equality of rights and preroga-
tives.

Article LXIII.

The Treaty of Paris of March 30, 1856, as well as the Treaty of Lon-
don of March 13, 1871, are maintained in all such of their provisions as
are not abrogated or modified by the preceding stipulations.

Article LXIV.

The present Treaty shall be ratified, and the ratifications exchanged at
Berlin within three weeks, or sooner if possible.

In faith whereof the respective Plenipotentiaries have signed it, and
affixed to it the seal of their arms.

424

THE AMERICAN JOURNAL OF INTERNATIONAL LAW

Done at Berlin, the thirteenth day of the month of July, one thousand
eight hundred and seventy-eight.

(l. s.;

) (Signed) Beaconsfield.

(L. S.y

Salisbury.

(l. a.]

Odo Eussell.

(l. s.;

) v. Bismarck.

(l. a.)

1 Bulow.

(l. a.)

) HOHENLOHE.

(l. a.)

1 Andrasst.

(l. a.]

) Karolyi.

(l. a.]

) Haymerle.

(l. s.;

» Waddington.

(l. s.

) Saint- Vallier.

(l. 8.]

I H. Desprez.

(l. s.

i L. COETI.

(l. s.

) Launay

(L. s.

i GORTCHAKOW.

(L. s.

) SCHOUVALOFF.

(L. s.

) P. D'OUBRIL.

(L. 8.

i Al. Caratheodoey.

(l. s.

i Mehemed All

(l. s.

1 Sadoullah.

THE DEFINITIVE TREATY OF PEACE BETWEEN RUSSIA AND THE PORTE..

Signed at Constantinople on 8th February, 1879.

Au nam de Dieu tout-puissant.

S. M. L'Empereur de toutes les Eussies et S. M. l'Empereur des Otto-
mans, desirant consaerer le retablissement de la paix entre les deux
Empires, et regler definitivement, par un traite, les clauses du traite
preliminaire de San Stefano qui doivent faire l'objet d'une entente
directe entre les deux fitats, ont nomme pour leurs plenipotentiaires :
S. M. l'Empereur de toutes les Eussies, d'une part, le Prince Alexis
Lobanow-Eostovsky, &c; et S. M. l'Empereur des Ottomans, de l'autre,
Al. Caratheodory Pacha, &c, et Ali Pacha, &c; Lesquels, apres avoir
echange leurs pleins-pouvoirs, &c, sont tombes d'accord sur les articles
suivants :